Sandeep Shivaji Nagare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1275 OF 2025 IN CRIMINAL APPEAL NO. 283 OF 2025 Sandeep Shivaji Nagare ... Applicant

Versus

State of Maharashtra ... Respondent .............

Mr. Sarthak P. Shetty i/b. Mr. Veerdhawal Deshmukh, Advocate for the Applicant.

Ms. Poonam Bhosale, APP for the State.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 3rd APRIL, 2025.

P. C. :

1.

This is an application for suspension of sentence and bail. 2.

Heard learned counsel for the applicant and learned APP for the State.

3.

The applicant has been convicted by the learned Special Court for the offence punishable under Section 235(2) of Cr. P.C. for the offence punishable under Sections 8, 10, 12, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short "P. C.Act") and sentenced to suffer rigorous imprisonment for a period of 3 years and to pay a fine of Rs.50,000/- and in default of payment of fine to suffer further rigorous 1/3

imprisonment for one year for offence under Section 8 of the P.C. Act. The applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.50,000/-. In default of payment of fine to suffer rigorous imprisonment of one year for offence under Section 10 of the P. C. Act. The Applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.50,000/-. In default of payment of fine, he shall suffer further rigorous imprisonment of one year for offence under Section 12 of the P.C. Act. The applicant is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.50,000/-. In default of payment of fine, he shall suffer further rigorous imprisonment of one year for offence under Section 13(1)(d) read with Section 13(2) of the P.C. Act. 4.

It is contention of learned counsel for the applicant that the Trial Court has granted bail and suspended sentence of the applicant till filing appeal. During the trial the applicant was on bail, hence requested to allow the application.

5.

Learned APP strongly objected to allow the application. 6.

I have heard both the learned counsel. The sentence imposed on the applicant is short term sentence. The Trial Court has granted bail to the applicant and suspended his sentence till filing the appeal. During the trial the applicant was on bail. It may take time to dispose of the appeal. 7.

In view of above, I pass following order.

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ORDER

i.

The substantive sentence imposed on the applicant in ACB Special Case No. 87 of 2014 is suspended till disposal of the appeal.

ii.

The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

iii.

The bail bond to be furnished before the Trial Court. 8.

Interim application stands disposed of.

9.

All concerned to act on the authenticated copy of this order. by SONALI SATISH KILAJE Date:

2025.04.08 10:28:38 +0700 SONALI SATISH KILAJE ( SHIVKUMAR DIGE, J.) 3/3